4JNon‑hazardous chemical—criteria relating to environmental effect (Act s 5)

4J Non‑hazardous chemical—criteria relating to environmental effect (Act s 5)

(1) For paragraph (c) of the definition of non‑hazardous chemical in subsection 5(2) of the Act, the criteria set out in this regulation are prescribed. (2) A non‑hazardous chemical to which paragraph 21(6)(c), subsection 23(5), (7) or (9) or paragraph 23A(1)(b) of the Act applies must: (a) have one of the following characteristics: (i) if the chemical dissolves in water without dissociation or association and is not surface‑active, the partition coefficient (n‑octanol/water) at 20oC expressed as log Pow must not exceed 3; (ii) the chemical’s solubility in water must be more than 1mg/litre; (iii) the chemical’s number‑average molecular weight (in the case of a polymer) or the chemical’s molecular weight (in any other case) must be more than 1 000; and (b) be readily biodegradable in accordance with the test known as a Ready Biodegradability Test mentioned in paragraph (q) of Part C of the Schedule to the Act; and (c) not have a toxicity: (i) to fish, using the test mentioned in paragraph (m) of Part C of the Schedule to the Act, and expressed as an LC50, that is less than 100 mg/litre; and (ii) to aquatic invertebrates, using the test mentioned in paragraph (n) of Part C of the Schedule to the Act, and expressed as an EC50, that is less than 100 mg/litre; and (iii) to algae, using the test mentioned in paragraph (p) of Part C of the Schedule to the Act, and expressed as an EC50, that is less than 100 mg/litre. (3) A non‑hazardous chemical to which subsection 23(4) or (6) of the Act applies must meet the criterion mentioned in paragraph (2)(a). (4) For a non‑hazardous chemical to which section 24A of the Act applies, carbon or silicon must be its largest component.